Medical Malpractice West Texas and San Antonio Medical Malpractice Lawyers
When it comes to the practice of modern medicine, our system of the trusted physician-patient relationship was replaced by impersonal medical management and high-volume health care. Too many patients today are harmed by their own health care providers, as well as the system their providers are forced to work in. Clients come to us because their doctors and hospitals failed to follow required standards of medicine, which resulted in life long injuries or sometimes even death.
When a Patient is seriously injured through the negligence of medical providers, the effects on the person and family are devastating. In each case, there are always legitimate concerns about mounting medical bills and the long-term effects of serious injury.
Medical malpractice, or medical negligence, occurs when a healthcare professional fails in the follow required standards of care and injures a patient as a result. In legal terms, it means that there was a duty of care owed to a patient, and the the health professional violated this duty, which caused the patient's injuries and damages.
Pursuing a medical malpractice claim can be costly and difficult. To make matters worse, doctors will often insist the situation was just one of those unavoidable complications. In all medical malpractice cases, the injured individual must be able to prove how the health provider caused their injury. This requires hiring medical experts who can help prove up a case. Our firm fronts all case expenses, including the costs of experts. We only ask to be reimbursed if we win the case.
If you are a victim of medical malpractice, it is extremely important that you speak to a Board Certified Trial Lawyer with experience in field of medical malpractice. Proving up your case and showing what actually went on behind closed hospital doors is a daunting challenge and should only be undertaken by a lawyer with experience in the field of medical negligence. With over 30 years of experience in medical malpractice, Tom Kemmy can provide you with the expertise and representation that you need.
The following are examples of the types of
medical malpractice cases that we take on:
Hospital Related Medical Malpractice - Even if medical negligence occurred at a hospital, it does not mean the hospital itself is automatically liable. Generally speaking, hospitals, like all employers, are liable for the harms caused by their negligent employees. However, most doctors at hospitals are independent contractors - meaning they are not employed by the hospital. Typically, nurses, medical technicians, support staff, nutritionist, and administrators are hospital employees. If a patient is injured while being treated by a hospital employee, the patient can usually sue the hospital for resulting damages.
Doctor and Physician Medical Malpractice - In any medical malpractice case you must show exactly how your injury was caused by medical negligence. When it comes to doctors,you must first establish what the required standard of care was, and whether your doctor failed to meet the standard. Second, you must show how that failure in standard of care caused your specific injuries and damages.
Failure to Diagnose - Failure to diagnose is when your doctor failed to connect the dots between your symptoms and underlying condition. Misdiagnosis may also be a failure to diagnose, but it normally refers to when your doctor incorrectly believes you have an underlying condition when you actually suffer from another; and the doctor should have known the correct diagnosis to make. Delayed diagnosis is when your doctor isn't fast enough in making the connection between your symptoms and the underlying condition.
Nursing Home Negligence - Medical neglect of the elderly occurs when the nursing home fails to provide their residents with adequate attention, prevention measures, or medication for concerns such as bed sores, infections, cuts, diabetes, cognitive diseases, and mobility concerns. It can also be occur as Negligent Supervision - when a resident is repeatedly ignored, left alone, or disregarded; Basic needs neglect - where the nursing home fails to provide reasonable food, water, or a safe and clean environment; and Hygienic Neglect - where patients do not receive adequate help with laundry, cleaning, bathing, brushing their teeth, or other forms of hygienic practices.
Surgery Medical Malpractice. All surgeries involve risks but surgical negligence goes beyond the known risks and can include:
- Injuring nerves or ligaments during the procedure;
- Leaving equipment or material inside the patient's body;
- Operating on the wrong body part;
- Incorrectly performing the incision; and
- Administrating pre- and post operative medication incorrectly.
When another individual or business fails to follow basic community safety rules and causes injury or harm to another as a result, then they are responsible for the harm they caused. Our jury system allows for the recovery of damages to repair the harm when it can be repaired, to help with the harms and losses that can be helped, and make up for the harms and losses that can be neither fixed nor helped. The following are examples of the types of legal damages we seek to recover from the responsible party:
- Property Damage and Out of Pocket Expenses
- Past and Future Medical Expenses
- Past and Future Wage Loss
- Past and Future Pain & Suffering
- Past and Future Mental Anguish
- Past and Future Physical Impairment
- Loss of Consortium and Support of a Loved One
How Our Approach to Trial
Advocacy Serves Our Clients
Trial is often daunting for the injured plaintiff. In the past three decades, insurance companies and big corporate interests have spent billions on a remarkable propaganda campaign against injured people and the lawyers that represent them. This campaign has been so effective that across the country jurors view personal injury cases, and the lawyers who bring them, with suspicion or even hostility.
However, at the Kemmy Firm, our decades of trial experience have proven that when we show juries that a violation of basic community safety rules has caused unnecessary harm to a person in their community, the jury will often respond with a just and fair verdict. That is why, even though most cases settle, we develop each case as if it will go to trial. We work to uncover the full story: what safety rules were broken? By whom? And how was the client harmed as a result?
Our team has decades of trial experience. For over 30 years, Tom Kemmy has successfully represented injured individuals and families who have lost life and limb, as well as small business owners cheated out of money. He is a board-certified trial lawyer. Nicholas Kemmy and Jacob Kemmy are former prosecutors for Bexar County and have tried dozens of cases to juries. Ben Kemmy has first-chaired civil jury trials across Texas: from Houston to San Antonio, from Dallas to Brownsville. Danny Kemmy has done trial work from the time he became licensed, including giving the opening statement and participating in a two-week trial that resulted in a 14-million-dollar verdict.
We believe our successes over the years are the result of our collective experience – and our team approach that prepares each case for trial even if it is likely to settle.